Terms of Service

December 13, 2019 23:52

Updated

GoodRx Gold Terms of Service

Effective Date: January 1, 2017

Welcome to GoodRx Gold, a service provided by GoodRx, Inc. (“GoodRx”). Please read these Terms of Service (these “Terms”) carefully and in their entirety. Along with the Terms of Use applicable to your use of GoodRx's website, gold.goodrx.com (the “Site”), which are incorporated herein by reference (“Terms of Use”), they set forth the legally binding terms and conditions that govern your use of the Services (as defined below). You acknowledge that by using or accessing the Services, you are accepting and consenting to be bound by these Terms. In the event of any conflict between the Terms of Use and these Terms as relates to the Services, these Terms shall take precedence. If you do not agree with all of the provisions of these Terms, you may not access or use the Services. If you agree to these Terms on behalf of another party, you represent and warrant that you have valid authority to bind that party to this agreement, and your agreement to these terms will be treated as the agreement of that other party. In that event, “you” and “your” refer herein to that other party.

About GoodRx Gold

GoodRx Gold cannot be combined with federal or state-funded programs like Medicare or Medicaid. GoodRx Gold is not insurance and it does not meet any creditable coverage requirements under any state law.

With GoodRx Gold, you'll be able to find discounts of up to 90% on your prescriptions off the pharmacy retail price.

The range of discounts will vary depending on the type of provider and service received.

GoodRx Gold does not pay providers (aka, pharmacies). You are obligated to pay for all services provided by participating pharmacies. GoodRx Gold only provides discounts from participating pharmacies.

You can see a current list of participating pharmacies on gold.goodrx.com, or by calling 1-855-487-0694. You can cancel at anytime. You will be charged $5.99 on the thirty days after the day you signed up unless you cancel your subscription at least one day before your membership fee is due. You will be charged to the credit card number you provided. You may cancel your subscription and update your billing details on your account page.

Once you are a member, you will have access to pharmacies in the network without any waiting period. Please reach out to 1-855-487-0694 to request specific contact information for your department of insurance or service of process information for a specific state.

The Services

GoodRx offers discounts on prescriptions through GoodRx's Site, mobile application (the “App”) and discount cards issued to customers (“Cards”) accessing the Site. GoodRx Gold is a premium program that provides members (“Members”, and your status as a Member is referred to as your “Membership”) even bigger discounts on prescriptions through the Site, the App and Cards, and by email messages (which you may elect to receive or opt out of receiving) sent to the address associated with your account (collectively, the “Services”).

Your Membership

In order to participate in the Services, you must first register for an account with GoodRx (your “Account”) in accordance with GoodRx's Terms of Use. You must then complete the registration process necessary to become a Member by following the instructions set forth in the GoodRx Gold application and providing certain information to GoodRx, such as a payment method (“Payment Method”), which you may edit through the Site under “My Account” and then “Settings”, and your name, email address, pharmacy, prescriptions, and any other information as requested by GoodRx (“Registration Data”).

You must be at least 18 years of age to become a Member. However, a Member may add up to five (5) other people and pets who are in such Member's immediate family (each, an “Add-On Member”). Each Add-On Member will have a separate Account and will be assigned a separate Card. Members and Add-On Members must use the Cards assigned to them, although Members and Add-On Members may use each other's cards interchangeably. Add-On Members may be any age, including under the age of 18; provided, however, that Add-On Members under the age of 18 may utilize the Service only with the involvement of a parent or legal guardian and as such parent or legal guardian's Add-On Member.

Your Membership, which will start with a free thirty (30) day trial (available only to new Members, as determined by GoodRx in its sole discretion), starts on the date that you sign up for a subscription and provide us with your Payment Method and, unless we communicate a different time period to you at the time of signup, will automatically renew and continue for one (1) month periods (each, a “Membership Cycle”) unless and until you cancel your Membership or GoodRx terminates it. For example, if your Membership starts on May 12, your Membership will automatically renew for an additional Membership Cycle on June 12 unless you cancel prior to June 12, or GoodRx terminates your membership.

You may not receive a notice from GoodRx that your free trial period has ended or that the paying portion of your Membership has begun.

Use of the Services

Access to Information

Most prescriptions purchased in the Unites States, including prescriptions filled through the use of discount coupons, loyalty cards or insurance co-pays, result in the pharmacy reporting patient data back to the company that provides the benefit (“Claims Data”). GoodRx uses and stores this Claims Data linked to the information you provide when using the Services (including without limitation your name, email address, prescription names and your address) to provide you with targeted coupons and discounts on prescriptions through your Account.

Each Member and Add-On Member may view their own prescription history on the Site. If you are a Member, you may automatically view the prescription history of Add-On Members who are under the age of 14, and you may view the prescription history of Add-On Members who are over the age of 13 only with the permission of the Add-On Member (which permission you may request through the Site).

If you cancel your Membership, you may request that we delete all information you provide when using the Services as linked to your Claims Data by calling 1-855-487-0694.

Restrictions on Use

Whether you are a Member or an Add-On Member, you agree not to use the Services in a way that is, in GoodRx's discretion, harmful to minors in any way or violates any applicable law, regulation, obligation or other similar restrictions imposed by a government. You also agree not to violate any community requirements posted by GoodRx from time to time, remove any copyright, trademark or other proprietary notices from any portion of the Services (including any discount coupons or other Member-only content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means. You shall promptly notify GoodRx if you learn of any security breach related to the Services.

Not Medical Advice

The contents available through the Services and the Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the Site.

GoodRx does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the Site. Reliance on any information provided by GoodRx, GoodRx employees or others is solely at your own risk.

Fees and Payments

By starting your Membership, you authorize GoodRx to charge your Payment Method a Membership fee of the then current rate, which may change from time to time (the “Membership Fee”), on the first day of each Membership Cycle until your Membership is cancelled, placed on hold or terminated. GoodRx reserves the right to change the timing of its billing, provided that GoodRx will adjust the amount it bills in accordance with any such change.

If GoodRx does not receive the Membership Fee from you, GoodRx may terminate your access to the Services. All fees are non-refundable, unless otherwise provided in these Terms. As between you and GoodRx, GoodRx reserves the right to revise any fees at any time in GoodRx's sole discretion.

If a Membership Fee is not successfully settled, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

GoodRx will bill the Membership Fee to you through a third party provider (currently, Stripe, Inc.) GoodRx uses to process payments for the Services from your financial service provider. The third party provider alone collects and manages your payment information, including without limitation any credit card numbers; GoodRx does not store or have access to any of your payment information. You may have the option of establishing a payment account with the third party provider to facilitate recurring payments, which would then be subject to separate terms and conditions. Click here for more information how Stripe collects, uses and protects your payment information.

Cancellation of Membership or Placing Membership on Hold

If you are a Member, you may place your Membership on hold when and for so long as you wish through the Site. While your Membership is on hold, you will not be charged Membership Fees (as defined below), provided that you submit the request to place your Membership on hold at least five (5) days before the start of the next Membership Cycle to avoid billing of the next Membership Fee.

If you are a Member, you may cancel your Membership through the Site at any time. If you cancel your Membership at least one (1) day before the next Membership Fee is due, your Membership and access to the Services will terminate on the day your next Membership Fee is due. Otherwise, GoodRx will bill you for an additional Membership Fee, and your Membership and access to the Services shall expire one month after your last paid Membership Fee.

Collection and Use of Your Information

By registering as a Member, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you for the purpose of administering the program. GoodRx's collection and use of personally identifiable information in connection with the Services is governed by GoodRx's Privacy Policy, which is incorporated into these Terms by reference.

Intellectual Property Rights

For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available only to Members utilizing the Services.

By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of GoodRx and/or its Affiliates. You are only permitted to use the content as expressly authorized by GoodRx or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from GoodRx or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither GoodRx nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.

The following are registered trademarks or service marks of GoodRx or its Affiliates: GoodRx. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of GoodRx or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of GoodRx or its Affiliates.

Term and Termination

GoodRx reserves the right to modify or terminate the Services, your status as a Member, your Add-On Members' status as such and access to the Services and/or your access to the Services by terminating or deactivating your Account or canceling your Membership for any or no reason, without notice, at any time and without liability to you. If your Membership is terminated, you may still have access to your Account, and we may retain any content that you posted or data that you generated through your Account and use of the Services or delete it, and all rights granted to you in these Terms will immediately cease. You acknowledge and agree that your only recourse against GoodRx in the event GoodRx terminates your Membership is a pro-rated discount of the monthly fee paid for the Services calculated as of the date your Membership was cancelled. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Third Party Content

The Services may link you to other sites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These sites and services may contain information or material that some people may find inappropriate or offensive. These other sites, services and parties are not under GoodRx's control, and you acknowledge that GoodRx and its Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the materials or substance of such sites and services, nor are GoodRx or its Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

Participation in Promotions

From time to time, the Services may include additional discounts offered by third parties shown here. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

Disclaimer of Warranties

ALL CONTENT AND SERVICES ARE PROVIDED TO MEMBERS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GOODRX MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, OR DISCOUNTS PROVIDED FROM GOODRX OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

INFORMATION AVAILABLE THROUGH THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES OR THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through the Services often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized GoodRx, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the Services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL GOODRX OR AN AFFILIATE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT GOODRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, GOODRX SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF MEMBERSHIP FEES.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

Upon a request by GoodRx, you agree to defend, indemnify, and hold GoodRx and its Affiliates harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Services. GoodRx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GoodRx in asserting any available defenses.

Governing Law

This Site (excluding any linked sites) is controlled by us from our offices within California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of California with respect to such matters.

Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@goodrx.com, if by email, or to GoodRx, Inc., 233 Wilshire Blvd. Suite 990, Santa Monica CA 90401 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Services or Site to inform you of changes to the Services or Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Entire Agreement

These terms and conditions and the Terms of User and Privacy Policies referenced herein and linked hereto constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

Testimonials

From time to time, GoodRx may allow you to submit user feedback and testimonials ("Testimonials") about your experience with GoodRx. Testimonials includes all feedback submitted via any channel, including but not limited to via the Site and mobile applications, email, survey and customer service communications. By submitting a Testimonial, you agree that GoodRx may use your Testimonial, including in edited and partial form, together with your name, location, and any other personal information you provide in any and all forms of marketing and promotional material including, without limitation, website publication, print ads, online ads, television ads, radio ads, and for any and all other uses.

Messaging Services

As part of GoodRx Gold, GoodRx may send pricing information and coupons via communications including but not limited to email and text messaging. By becoming a Member of GoodRx Gold, you are consenting to be contacted with prescription- related information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party.

Miscellaneous

In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

Please contact us at info@goodrx.com with any questions regarding these Terms.